Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Agricultural land in question belonged to accused - However, accused was not found in the field at the relevant time - No proof is forth coming from prosecution to establish that accused was in exclusive possession of field or he had actually cultivated..........
Abadi land -- In the land falling in abadi of village, person in possession is presumed to be owner unless proved otherwise...........
Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property in Haryana - S.118 of the Act was not extended at the relevant time to State of Haryana - Exchange of land can even be oral and not required to be only through registered documents in 1981...........
Will -- Proof - Claim of ownership on the basis of Will - Will under which plaintiff claim ownership of plot in question, does not even refer to the suit land - In the Will what has been written is that testator is bequeathing his entire property in favour of plaintiffs - But that itself is not sufficient - Moreover, in revenue record defendants are recorded owners in..........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Production of evidence - Lease agreement in between defendants for erecting TVS Towers/Cellular Towers - Suit for declaration that mutual agreements/lease deeds executed in between defendants are null and void and seeking further relief from changing the nature and character of suit land - Plaintiffs immediately after..........
West Bengal Government Premises (Tenancy Regulation) Act, 1976, Section 3 -- Eviction - Bare land - If bare land is let out by government and/or government undertaking to its tenant, incidence of such tenancy cannot be governed by provisions of the Act and as such tenant cannot be evicted by taking aid of provisions of the Act...........
West Bengal Government Premises (Tenancy Regulation) Act, 1976, Section 2(b), 2(a), 3 -- Eviction - Lease of three plots - Lease was in respect of three plots of land which did not contain any building - These plots thus, do not satisfy requirements of definition of `Government premises' within meaning of S.2(a) r/w S.2(c) of the Act...........
